White v. Smith et al

Filing 152

MEMORANDUM AND ORDER - The Defendants' Motion to Stay Case Pending Outcome of Interlocutory Appeal 150 is granted, except insofar as the Defendants' Unopposed Motion to Perpetuate Testimony Under Fed. R. Civ. P. 27, 151 is granted. Pur suant to Rule 27(b), the defendant DeWitt may be deposed at a time and place agreed upon by the parties during the pendency of the appeal before the Eighth Circuit Court of Appeals; Otherwise, progression of the case is stayed until the Eighth Circuit Court of Appeals has entered a final ruling on the qualified immunity issues. Ordered by Senior Judge Warren K. Urbom. (KBJ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CARROLL T. WHITE, as Personal
Representative of the Estate of Joseph
White, deceased, and KATHLEEN A.
GONZALEZ,
Plaintiffs,
v.
RICHARD T. SMITH, in his official
capacity, BURDETTE SEARCEY, Dep., in
his official and individual capacities,
GERALD LAMKIN, Dep., in his official
and individual capacities, JERRY O.
DEWITT, Sheriff, in his official and
individual capacities, WAYNE R. PRICE,
PhD., in his official and individual
capacities, and COUNTY OF GAGE,
NEBRASKA, a Nebraska political
subdivision,
Defendants.

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4:09CV3145

MEMORANDUM AND ORDER ON
DEFENDANTS’ MOTION TO STAY CASE
PENDING OUTCOME OF
INTERLOCUTORY APPEAL AND
DEFENDANTS’ UNOPPOSED MOTION
TO PERPETUATE TESTIMONY UNDER
FED. R. CIV. P. 27

IT IS ORDERED that the Defendants’ Motion to Stay Case Pending Outcome of
Interlocutory Appeal, filing 150, is granted, except insofar as the Defendants’ Unopposed Motion
to Perpetuate Testimony Under Fed. R. Civ. P. 27, filing 151, is granted.
Pursuant to Rule 27(b), the defendant DeWitt may be deposed at a time and place agreed
upon by the parties during the pendency of the appeal before the Eighth Circuit Court of Appeals;
otherwise, progression of the case is stayed until the Eighth Circuit Court of Appeals has entered a
final ruling on the qualified immunity issues.
Dated September 12, 2011.
BY THE COURT

s/ Warren K. Urbom
United States Senior District Judge